17918 Federal Register / Vol. 72, No. 68 / Tuesday, April 10, 2007 / Notices 

(PSA) test are used to screen for prostate 

cancer. Screening is controversial and 

many are not in agreement as to whether 

the potential benefits of screening 

outweigh the risks, that is, if prostate 

specific antigen (PSA) based screening, 

early detection, and later treatment 

increases longevity. Although major 

medical organizations are divided on 

whether men should be routinely 

screened for this disease, it appears that 

all of the major organizations 

recommend discussion with patients 

about the benefits and risks of 

screening. 

The purpose of this project is to 

develop and administer a national 

survey to a sample of American primary 

care physicians to examine whether or 

not they: Screen for prostate cancer 

using (PSA and/or DRE), recommend 

testing and under what conditions, 

discuss the tests and the risks and 

benefits of screening with patients, and 

if their screening practices vary by 

factors such as age, ethnicity, and family 

history. This study will examine 

demographic, social, and behavioral 

characteristics of physicians as they 

relate to screening and related issues, 

including knowledge and awareness, 

beliefs regarding efficacy of screening 

and treatment, frequency of screening, 

awareness of the screening controversy, 

influence of guidelines from medical, 

practice and other organizations, and 

participation and/or willingness to 

participate in shared decision-making. 

There are no costs to the respondents 

other than their time. The total 

estimated annualized burden hours are 

1,032.5. 

ESTIMATED ANNUALIZED BURDEN HOURS

Type of respondents Form name Number of 

respondents 

Number of 

responses per 

respondent 

Average 

burden per 

response 

(in hours) 

Total burden 

(in hours) 

Primary Care Physicians (eligible) ... Survey of Physicians’ Practices ...... 2,000 1 30/60 1,000 

Primary Care Physicians (ineligible) Survey of Physicians’ Practices ...... 390 1 5/60 32 .5 

Dated: April 4, 2007. 

Joan F. Karr, 

Acting Reports Clearance Officer, Centers for 

Disease Control and Prevention. 

[FR Doc. E7–6745 Filed 4–9–07; 8:45 am] 

BILLING CODE 4163–18–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

Privacy Act of 1974; Report of a New 

System of Records 

AGENCY: Department of Health and 

Human Services (HHS), Center for 

Medicare & Medicaid Services (CMS). 

ACTION: Notice of a New System of 

Records (SOR). 

SUMMARY: In accordance with the 

requirements of the Privacy Act of 1974, 

we are proposing to establish a new 

system titled, ‘‘Master Demonstration, 

Evaluation, and Research Studies 

(DERS) for the Office of Research, 

Development and Information (ORDI),’’

System No. 09–70–0591. This notice 

serves as the Master system for all 

demonstration, evaluation, and research 

studies administered by ORDI. Sixteen 

existing ORDI demonstration, 

evaluation, and research studies will be 

included under this notice and the 

separate, existing systems of records 

notices for those studies will be deleted 

upon the effective date of this notice. 

DERS will become effective 30 days 

from the publication of the notice in the 

Federal Register, or 40 days from the 

date submitted to OMB and the 

Congress, whichever is later. 

With the publication of this master 

system, ORDI will only be deleting the 

systems of records listed below as 

separate stand alone notices to the 

public. Retention and destruction of the 

data contained in these systems will 

follow the schedules listed in this DERS 

system notice. The existing ORDI 

systems of records to be included under 

DERS and which will be deleted by this 

notice are as follows: 

• ‘‘Municipal Health Services 

Program System No. 09–70–0022,’’ 65 

Federal Register (FR) 37792 (June 16, 

2000); 

• ‘‘Monitoring of the Home Health 

Agency Prospective Payment 

Demonstration,’’ System No. 09–70–

0048, 65 FR 37792 (June 16, 2000); 

• ‘‘Person-Level Medicaid Data 

System, System No. 09–70–0507’’ last 

published at 71 FR 60726 (October 16, 

2006); 

• ‘‘Medicare Cancer Registry Record 

System,’’ System No. 09–70–0509, last 

published at 71 FR 67133 (November 

20, 2006); 

• ‘‘End Stage Renal Disease Program 

Management and Medical Information 

System,’’ System No. 09–70–0520, last 

published at 67 FR 41244 (June 17, 

2002); 

• ‘‘Evaluations of the Medicaid 

Reform Demonstrations,’’ System No. 

09–70–0523, last published at 71 FR 

60540 (October 13, 2006); 

• ‘‘MMA Section 641 Prescription 

Drug Benefit Demonstration,’’ System 

No. 09–70–0545, last published at 69 FR 

32587 (June 10, 2004); 

• ‘‘Medicare Physician Group 

Practice Demonstration,’’ System No. 

09–70–0559, last published at 70 FR 

58432 (October 6, 2005); 

• ‘‘Cancer Prevention and Treatment 

Demonstration for Ethnic and Racial 

Minorities,’’ System No. 09–70–0560, 

last published at 70 FR 57602 (October 

3, 2005); 

• ‘‘Medicare Care Management 

Performance Demonstration,’’ System 

No. 09–70–0562, last published at 70 FR 

58442 (October 6, 2005); 

• ‘‘Rural Hospice Demonstration,’’

System No. 09–70–0563, last published 

at 71 FR 57968 (October 2, 2006); 

• ‘‘Medicare Chiropractic Coverage 

Demonstration and Evaluation,’’ System 

No. 09–70–0577, last published at 71 FR 

41450 (July 21, 2006); 

• ‘‘Low Vision Rehabilitation 

Demonstration,’’ System No. 09–70–

0582, last published at 71 FR 58621 

(October 4, 2006); 

• ‘‘Medicare Lifestyle Modification 

Program Demonstration,’’ System No. 

09–70–0585, last published at 71 FR 

41807 (July 24, 2006); 

• ‘‘Competitive Bidding for Clinical 

Laboratory Services,’’ System No. 09–

70–0589, last published at 71 FR 60713 

(October 16, 2006); and 

• ‘‘Senior Risk Reduction 

Demonstration and Evaluation,’’ System 

No. 09–70–0592, last published at 71 FR 

60718 (October 16, 2006). 

The purpose of this system is to 

document, track, monitor, evaluate, and 

conduct ORDI-administered 

demonstration, evaluation, and research 

studies. Information retrieved from this 

system may be disclosed to: (1) Support 

regulatory, reimbursement, and policy 


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functions performed within the agency 

or by a contractor, consultant or CMS 

grantee; (2) assist another Federal or 

state agency with information to 

contribute to the accuracy of CMS’s 

payment of Medicare benefits, enable 

such agency to administer a Federal 

health benefits program, or to enable 

such agency to fulfill a requirement of 

Federal statute or regulation that 

implements a health benefits program 

funded in whole or in part with Federal 

funds; (3) support an individual or 

organization for a research project or in 

support of an evaluation project related 

to the prevention of disease or 

disability, the restoration or 

maintenance of health, or payment 

related projects; (4) support litigation 

involving the agency; and (5) combat 

fraud, waste and abuse in certain 

Federally-funded health benefits 

programs. We have provided 

background information about the new 

system in the ‘‘Supplementary 

Information’’ section below. Although 

the Privacy Act requires only that CMS 

provide an opportunity for interested 

persons to comment on the proposed 

routine uses, CMS invites comments on 

all portions of this notice. See Effective 

Dates section for comment period. 

DATES: Effective Dates: CMS filed a new 

SOR report with the Chair of the House 

Committee on Oversight and 

Government Reform, the Chair of the 

Senate Committee on Homeland 

Security & Governmental Affairs, and 

the Administrator, Office of Information 

and Regulatory Affairs, Office of 

Management and Budget (OMB) on 

April 3, 2007. To ensure that all parties 

have adequate time in which to 

comment, the new system will become 

effective 30 days from the publication of 

the notice, or 40 days from the date it 

was submitted to OMB and the 

Congress, whichever is later. We may 

defer implementation of this system or 

one or more of the routine use 

statements listed below if we receive 

comments that persuade us to defer 

implementation. 

ADDRESSES: The public should send 

comments to: CMS Privacy Officer, 

Division of Privacy Compliance, 

Enterprise Architecture and Strategy 

Group, Office of Information Services, 

CMS, Room N2–04–27, 7500 Security 

Boulevard, Baltimore, Maryland 21244–

1850. Comments received will be 

available for review at this location, by 

appointment, during regular business 

hours, Monday through Friday from 9 

a.m.–3 p.m., Eastern Time zone. 

FOR FURTHER INFORMATION CONTACT: 

James Beyer, Division of Research and 

Information Dissemination, Information 

and Methods Group, Office of Research 

Development and Information, Mail 

Stop C3–24–01, Centers for Medicare & 

Medicaid Services, 7500 Security 

Boulevard, Baltimore, MD 21244–1849. 

He can be reached by telephone at 410–

786–6693, or via e-mail at 

James.Beyer@cms.hhs.gov. 

SUPPLEMENTARY INFORMATION: The DERS 

system of records will serve as the 

constructive notice to the Medicare 

beneficiary population and health care 

communities on activities related to all 

demonstrations, evaluations, and 

research studies administered by ORDI. 

The consolidation of the existing 

multiple notices into one master notice 

will serve the public interest by 

providing a single clear and concise 

format, a plain language notification 

easily understood, a central point of 

contact for access and correction of 

record information, and a new web 

based service to provide detailed 

information on each separate ORDI 

project. ORDI currently has 43 active 

projects and an additional 8 future 

projects anticipated to be included 

under DERS. An electronic web based 

list of current and each new 

demonstration, evaluation, and research 

studies administered by ORDI will be 

made accessible via the CMS public 

Web site. In addition to the Web based 

information and notification, other 

methods of direct notification, CMS will 

publish timely modification and 

updates to DERS as required keeping 

our Medicare community as informed as 

possible. 

I. Description of the Proposed System of 

Records 

A. Statutory and Regulatory Basis for 

SOR 

The statutory authority for 

maintenance of this system is given 

under the provisions of § 1110 of the 

Social Security Act (the Act), which 

authorizes research and demonstration 

projects under Social Security Act 

programs; § 1115 of the Act, which 

authorizes Medicaid demonstrations; 

and § 402 of the Social Security 

Amendments of 1967 (42 U.S.C. 1395b–

1), which authorizes waivers of 

Medicaid and Medicare provisions 

under certain demonstrations. Many of 

the individual studies and 

demonstrations are specifically 

mandated in other legislation (§§ 235, 

302(b) [amends section 1847(e) (42 

United States Code (U.S.C.) §§ 1395w–

3)], 303(d), 409, 410(a), 434, 623(e), 641, 

646, 648, 649, 651, 702, and 703 of the 

Medicare Modernization Act, §§ 121 

and 122 of the Benefits Improvement 

and Protection Act of 2000, the Deficit 

Reduction Act of 1984, § 5007 of the 

Deficit Reduction Act of 2005, the 

Balanced Budget Act of 1997, § 222 of 

the Consolidated Appropriations Act of 

2001, and Conference Report No. 106–

1033 for the Consolidated 

Appropriations Act of 2001. This system 

also covers all demonstrations, 

evaluation, and research studies 

administered by ORDI that may be 

authorized or mandated by future 

legislation. 

B. Collection and Maintenance of Data 

in the System 

The system will collect and maintain 

records related to Medicare 

beneficiaries, Medicaid recipients, and 

physician and providers of services who 

voluntarily participate in 

demonstrations, evaluations, and 

research studies administered by ORDI. 

In addition, Medicare enrollment data, 

claims data or provider enrollment 

information currently maintained in 

existing systems of records will be used 

in demonstrations, evaluation, and 

research studies administered by ORDI. 

Examples include, but are not limited 

to: provider name, unique provider 

identification number, unique 

demonstration practice identification 

number, beneficiary name, health 

insurance claim number, beneficiary 

demographic and diagnostic 

information relevant to the project, 

types and costs of health services used, 

and measures of the quality of health 

care received. 

II. Agency Policies, Procedures, and 

Restrictions on the Routine Use 

A. The Privacy Act permits us to 

disclose information without an 

individual’s consent if the information 

is to be used for a purpose that is 

compatible with the purpose(s) for 

which the information was collected. 

Any such disclosure of data is known as 

a ‘‘routine use.’’ The Government will 

only release DERS information that can 

be associated with an individual as 

provided for under ‘‘Section III. 

Proposed Routine Use Disclosures of 

Data in the System.’’ Both identifiable 

and non-identifiable data may be 

disclosed under a routine use. We will 

only collect the minimum personal data 

necessary to achieve the purpose of 

DERS. 

CMS has the following policies and 

procedures concerning disclosures of 

information that will be maintained in 

the system. Disclosure of information 

from the system will be approved only 

to the extent necessary to accomplish 

the purpose of the disclosure and only 

after CMS: 


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1. Determines that the use or 

disclosure is consistent with the reason 

that the data is being collected; e.g., to 

document, track, monitor, evaluate, and 

conduct ORDI-administered research, 

demonstration, and evaluation 

activities. 

2. Determines that: 

a. The purpose for which the 

disclosure is to be made can only be 

accomplished if the record is provided 

in individually identifiable form; 

b. The purpose for which the 

disclosure is to be made is of sufficient 

importance to warrant the effect and/or 

risk on the privacy of the individual that 

additional exposure of the record might 

bring; and 

c. There is a strong probability that 

the proposed use of the data would in 

fact accomplish the stated purpose(s). 

3. Requires the information recipient 

to: 

a. Establish administrative, technical, 

and physical safeguards to prevent 

unauthorized use of disclosure of the 

record; 

b. Remove or destroy, at the earliest 

time, all patient-identifiable 

information; and 

c. Agree to not use or disclose the 

information for any purpose other than 

the stated purpose under which the 

information was disclosed. 

4. Determines that the data are valid 

and reliable. 

III. Proposed Routine Use Disclosures 

of Data in the System 

A. The Privacy Act allows us to 

disclose information without an 

individual’s consent if the information 

is to be used for a purpose that is 

compatible with the purpose(s) for 

which the information was collected. 

Any such compatible use of data is 

known as a ‘‘routine use.’’ The proposed 

routine uses in this system meet the 

compatibility requirement of the Privacy 

Act. We are proposing to establish the 

following routine use disclosures of 

information maintained in the system: 

1. To agency contractors, consultants 

or grantees, who have been engaged by 

the agency to assist in the performance 

of a service related to this collection and 

who need to have access to the records 

in order to perform the activity. 

We contemplate disclosing 

information under this routine use only 

in situations in which CMS may enter 

into a contractual or similar agreement 

with a third party to assist in 

accomplishing CMS functions relating 

to purposes for this system. 

CMS occasionally contracts out 

certain of its functions when doing so 

would contribute to effective and 

efficient operations. CMS must be able 

to give a contractor, consultant or 

grantee whatever information is 

necessary for the contractor or 

consultant to fulfill its duties. In these 

situations, safeguards are provided in 

the contract prohibiting the contractor, 

consultant or grantee from using or 

disclosing the information for any 

purpose other than that described in the 

contract and requires the contractor, 

consultant or grantee to return or 

destroy all information at the 

completion of the contract. 

2. To another Federal or state agency 

to: 

a. Contribute to the accuracy of CMS’s 

proper payment of Medicare benefits; 

b. Enable such agency to administer a 

Federal health benefits program, or, as 

necessary, to enable such agency to 

fulfill a requirement of a Federal statute 

or regulation that implements a health 

benefits program funded in whole or in 

part with Federal funds; and/or 

c. Assist Federal/state Medicaid 

programs within the State. 

Other Federal or State agencies, in 

their administration of a Federal health 

program, may require DERS information 

in order to support evaluations and 

monitoring of Medicare claims 

information of beneficiaries, including 

proper reimbursement for services 

provided. 

3. To an individual or organization for 

a research project or in support of an 

evaluation project related to the 

prevention of disease or disability, the 

restoration or maintenance of health, or 

payment related projects. 

The DERS data will provide for 

research or support of evaluation 

projects and a broader, longitudinal, 

national perspective of the status of 

Medicare beneficiaries. CMS anticipates 

that many researchers will have 

legitimate requests to use these data in 

projects that could ultimately improve 

the care provided to Medicare 

beneficiaries and the policies that 

govern their care. 

4. To the Department of Justice (DOJ), 

court or adjudicatory body when: 

a. The agency or any component 

thereof, or 

b. Any employee of the agency in his 

or her official capacity, or 

c. Any employee of the agency in his 

or her individual capacity where the 

DOJ has agreed to represent the 

employee, or 

d. The United States Government, is 

a party to litigation or has an interest in 

such litigation, and, by careful review, 

CMS determines that the records are 

both relevant and necessary to the 

litigation and that the use of such 

records by the DOJ, court or 

adjudicatory body is compatible with 

the purpose for which the agency 

collected the records. 

Whenever CMS is involved in 

litigation, and occasionally when 

another party is involved in litigation 

and CMS policies or operations could be 

affected by the outcome of the litigation, 

CMS would be able to disclose 

information to the DOJ, court or 

adjudicatory body involved. 

5. To a CMS contractor (including, but 

not necessarily limited to, fiscal 

intermediaries and carriers) that assists 

in the administration of a CMSadministered health benefits program, 

or to a grantee of a CMS-administered 

grant program, when disclosure is 

deemed reasonably necessary by CMS to 

prevent, deter, discover, detect, 

investigate, examine, prosecute, sue 

with respect to, defend against, correct, 

remedy, or otherwise combat fraud, 

waste or abuse in such program. 

We contemplate disclosing 

information under this routine use only 

in situations in which CMS may enter 

into a contractual, grantee, cooperative 

agreement or consultant relationship 

with a third party to assist in 

accomplishing CMS functions relating 

to the purpose of combating fraud, 

waste and abuse. CMS occasionally 

contracts out certain of its functions or 

makes grants or cooperative agreements 

when doing so would contribute to 

effective and efficient operations. CMS 

must be able to give a contractor, 

grantee, consultant or other legal agent 

whatever information is necessary for 

the agent to fulfill its duties. In these 

situations, safeguards are provided in 

the contract prohibiting the agent from 

using or disclosing the information for 

any purpose other than that described in 

the contract and requiring the agent to 

return or destroy all information. 

6. To another Federal agency or to an 

instrumentality of any governmental 

jurisdiction within or under the control 

of the United States (including any State 

or local governmental agency), that 

administers, or that has the authority to 

investigate potential fraud, waste or 

abuse in, a health benefits program 

funded in whole or in part by Federal 

funds, when disclosure is deemed 

reasonably necessary by CMS to 

prevent, deter, discover, detect, 

investigate, examine, prosecute, sue 

with respect to, defend against, correct, 

remedy, or otherwise combat fraud, 

waste or abuse in such programs. 

Other agencies may require DERS 

information for the purpose of 

combating fraud, waste and abuse in 

such Federally-funded programs. 

B. Additional Provisions Affecting 

Routine Use Disclosures 


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Federal Register / Vol. 72, No. 68 / Tuesday, April 10, 2007 / Notices 17921 

To the extent this system contains 

Protected Health Information (PHI) as 

defined by HHS regulation ‘‘Standards 

for Privacy of Individually Identifiable 

Health Information’’ (45 CFR Parts 160 

and 164, Subparts A and E) 65 FR 82462 

(12–28–00). Disclosures of such PHI that 

are otherwise authorized by these 

routine uses may only be made if, and 

as, permitted or required by the 

‘‘Standards for Privacy of Individually 

Identifiable Health Information.’’ (See 

45 CFR 164.512(a)(1)). 

In addition, our policy will be to 

prohibit release even of data not directly 

identifiable, except pursuant to one of 

the routine uses or if required by law, 

if we determine there is a possibility 

that an individual can be identified 

through implicit deduction based on 

small cell sizes (instances where the 

patient population is so small that an 

individual could, because of the small 

size, use this information to deduce the 

identity of the beneficiary). 

IV. Safeguards 

CMS has safeguards in place for 

authorized users and monitors such 

users to ensure against unauthorized 

use. Personnel having access to the 

system have been trained in the Privacy 

Act and information security 

requirements. Employees who maintain 

records in this system are instructed not 

to release data until the intended 

recipient agrees to implement 

appropriate management, operational 

and technical safeguards sufficient to 

protect the confidentiality, integrity and 

availability of the information and 

information systems and to prevent 

unauthorized access. 

This system will conform to all 

applicable Federal laws and regulations 

and Federal, HHS, and CMS policies 

and standards as they relate to 

information security and data privacy. 

These laws and regulations may apply 

but are not limited to: The Privacy Act 

of 1974; the Federal Information 

Security Management Act of 2002; the 

Computer Fraud and Abuse Act of 1986; 

the Health Insurance Portability and 

Accountability Act of 1996; the EGovernment Act of 2002, the ClingerCohen Act of 1996; the Medicare 

Modernization Act of 2003, and the 

corresponding implementing 

regulations. OMB Circular A–130, 

Management of Federal Resources, 

Appendix III, Security of Federal 

Automated Information Resources also 

applies. Federal, HHS, and CMS 

policies and standards include but are 

not limited to: all pertinent National 

Institute of Standards and Technology 

publications; the HHS Information 

Systems Program Handbook and the 

CMS Information Security Handbook. 

V. Effects of the Proposed System of 

Records on Individual Rights 

CMS proposes to establish this system 

in accordance with the principles and 

requirements of the Privacy Act and will 

collect, use, and disseminate 

information only as prescribed therein. 

Data in this system will be subject to the 

authorized releases in accordance with 

the routine uses identified in this 

system of records. 

CMS will take precautionary 

measures to minimize the risks of 

unauthorized access to the records and 

the potential harm to individual privacy 

or other personal or property rights of 

patients whose data are maintained in 

this system. CMS will collect only that 

information necessary to perform the 

system’s functions. In addition, CMS 

will make disclosure from the proposed 

system only with consent of the subject 

individual, or his/her legal 

representative, or in accordance with an 

applicable exception provision of the 

Privacy Act. CMS, therefore, does not 

anticipate an unfavorable effect on 

individual privacy as a result of 

information relating to individuals. 

Dated: March 28, 2007. 

Charlene Frizzera, 

Acting Chief Operating Officer, Centers for 

Medicare & Medicaid Services. 

SYSTEM NO. 09–70–0591 

SYSTEM NAME: 

‘‘Master Demonstration, Evaluation, 

and Research Studies for the Officer of 

Research, Development and Information 

(DERS),’’ HHS/CMS/ORDI. 

SECURITY CLASSIFICATION: 

Level Three Privacy Act Sensitive 

Data. 

SYSTEM LOCATION: 

Centers for Medicare & Medicaid 

Services (CMS) Data Center, 7500 

Security Boulevard, North Building, 

First Floor, Baltimore, Maryland 21244–

1850 and at various co-locations of CMS 

agents. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

The system will collect and maintain 

records related to Medicare 

beneficiaries, Medicaid recipients, and 

physician and providers of services who 

voluntarily participate in 

demonstrations, evaluations, and 

research studies administered by ORDI. 

In addition, Medicare enrollment data, 

claims data or provider enrollment 

information currently maintained in 

existing systems of records will be used 

in demonstrations, evaluation, and 

research studies administered by ORDI. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

The collected information will 

include, but is not limited to: provider 

name, unique provider identification 

number, unique demonstration practice 

identification number, beneficiary 

name, health insurance claim number 

(HICN), beneficiary demographic and 

diagnostic information relevant to the 

project, types and costs of health 

services used, and measures of the 

quality of health care received. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

The statutory authority for 

maintenance of this system is given 

under the provisions of § 1110 of the 

Social Security Act (the Act), which 

authorizes research and demonstration 

projects under Social Security Act 

programs; § 1115 of the Act, which 

authorizes Medicaid demonstrations; 

and § 402 of the Social Security 

Amendments of 1967 (42 U.S.C. 1395b–

1), which authorizes waivers of 

Medicaid and Medicare provisions 

under certain demonstrations. Many of 

the individual studies and 

demonstrations are specifically 

mandated in other legislation (§§ 235, 

302 (b) [amends section 1847(e) (42 

United States Code (U.S.C.) §§ 1395w–

3)], 303(d), 409, 410(a), 434, 623(e), 641, 

646, 648, 649, 651, 702, and 703 of the 

Medicare Modernization Act, §§ 121 

and 122 of the Benefits Improvement 

and Protection Act of 2000, the Deficit 

Reduction Act of 1984, § 5007 of the 

Deficit Reduction Act of 2005, the 

Balanced Budget Act of 1997, § 222 of 

the Consolidated Appropriations Act of 

2001, and Conference Report No. 106–

1033 for the Consolidated 

Appropriations Act of 2001. This system 

also covers all demonstrations, 

evaluation, and research studies 

administered by ORDI that may be 

authorized or mandated by future 

legislation. 

PURPOSE(S) OF THE SYSTEM: 

The purpose of this system is to 

document, track, monitor, evaluate, and 

conduct ORDI-administered 

demonstration, evaluation, and research 

studies. Information retrieved from this 

system may be disclosed to: (1) Support 

regulatory, reimbursement, and policy 

functions performed within the agency 

or by a contractor, consultant or CMS 

grantee; (2) assist another Federal or 

state agency with information to 

contribute to the accuracy of CMS’s 

payment of Medicare benefits, enable 

such agency to administer a Federal 

health benefits program, or to enable 


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such agency to fulfill a requirement of 

Federal statute or regulation that 

implements a health benefits program 

funded in whole or in part with Federal 

funds; (3) support an individual or 

organization for a research project or in 

support of an evaluation project related 

to the prevention of disease or 

disability, the restoration or 

maintenance of health, or payment 

related projects; (4) support litigation 

involving the agency; and (5) combat 

fraud, waste and abuse in certain 

federally-funded health benefits 

programs. 

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OR USERS AND

THE PURPOSES OF SUCH USES: 

A. The Privacy Act allows us to 

disclose information without an 

individual’s consent if the information 

is to be used for a purpose that is 

compatible with the purpose(s) for 

which the information was collected. 

Any such compatible use of data is 

known as a ‘‘routine use.’’ The proposed 

routine uses in this system meet the 

compatibility requirement of the Privacy 

Act. We are proposing to establish the 

following routine use disclosures of 

information maintained in the system: 

1. To agency contractors, consultants 

or grantees, who have been engaged by 

the agency to assist in the performance 

of a service related to this collection and 

who need to have access to the records 

in order to perform the activity. 

2. To another Federal or State agency 

to: 

a. Contribute to the accuracy of CMS’s 

proper payment of Medicare benefits; 

b. Enable such agency to administer a 

Federal health benefits program, or, as 

necessary, to enable such agency to 

fulfill a requirement of a Federal statute 

or regulation that implements a health 

benefits program funded in whole or in 

part with Federal funds; and/or 

c. Assist Federal/state Medicaid 

programs within the State. 

3. To an individual or organization for 

a research project or in support of an 

evaluation project related to the 

prevention of disease or disability, the 

restoration or maintenance of health, or 

payment related projects. 

4. To the Department of Justice (DOJ), 

court or adjudicatory body when: 

a. The agency or any component 

thereof, or 

b. Any employee of the agency in his 

or her official capacity, or 

c. Any employee of the agency in his 

or her individual capacity where the 

DOJ has agreed to represent the 

employee, or 

d. The United States Government, is 

a party to litigation or has an interest in 

such litigation, and, by careful review, 

CMS determines that the records are 

both relevant and necessary to the 

litigation and that the use of such 

records by the DOJ, court or 

adjudicatory body is compatible with 

the purpose for which the agency 

collected the records. 

5. To a CMS contractor (including, but 

not necessarily limited to, fiscal 

intermediaries and carriers) that assists 

in the administration of a CMSadministered health benefits program, 

or to a grantee of a CMS-administered 

grant program, when disclosure is 

deemed reasonably necessary by CMS to 

prevent, deter, discover, detect, 

investigate, examine, prosecute, sue 

with respect to, defend against, correct, 

remedy, or otherwise combat fraud, 

waste or abuse in such program. 

6. To another Federal agency or to an 

instrumentality of any governmental 

jurisdiction within or under the control 

of the United States (including any State 

or local governmental agency), that 

administers, or that has the authority to 

investigate potential fraud, waste or 

abuse in, a health benefits program 

funded in whole or in part by Federal 

funds, when disclosure is deemed 

reasonably necessary by CMS to 

prevent, deter, discover, detect, 

investigate, examine, prosecute, sue 

with respect to, defend against, correct, 

remedy, or otherwise combat fraud, 

waste or abuse in such programs. 

B. Additional Provisions Affecting 

Routine Use Disclosures 

To the extent this system contains 

Protected Health Information (PHI) as 

defined by HHS regulation ‘‘Standards 

for Privacy of Individually Identifiable 

Health Information’’ (45 CFR parts 160 

and 164, subparts A and E) 65 FR 82462 

(12–28–00). Disclosures of such PHI that 

are otherwise authorized by these 

routine uses may only be made if, and 

as, permitted or required by the 

‘‘Standards for Privacy of Individually 

Identifiable Health Information.’’ (See 

45 CFR 164.512(a) (1)). 

In addition, our policy will be to 

prohibit release even of data not directly 

identifiable, except pursuant to one of 

the routine uses or if required by law, 

if we determine there is a possibility 

that an individual can be identified 

through implicit deduction based on 

small cell sizes (instances where the 

patient population is so small that an 

individual could, because of the small 

size, use this information to deduce the 

identity of the beneficiary). 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM: 

STORAGE: 

All records are stored on electronic 

media. 

RETRIEVABILITY: 

The collected data are retrieved by the 

name or other identifying information of 

the participating provider or 

beneficiary, and may also be retrieved 

by a distinct identifier such as the 

HICN, at the individual beneficiary 

level. 

SAFEGUARDS: 

CMS has safeguards in place for 

authorized users and monitors such 

users to ensure against unauthorized 

use. Personnel having access to the 

system have been trained in the Privacy 

Act and information security 

requirements. Employees who maintain 

records in this system are instructed not 

to release data until the intended 

recipient agrees to implement 

appropriate management, operational 

and technical safeguards sufficient to 

protect the confidentiality, integrity and 

availability of the information and 

information systems and to prevent 

unauthorized access. 

This system will conform to all 

applicable Federal laws and regulations 

and Federal, HHS, and CMS policies 

and standards as they relate to 

information security and data privacy. 

These laws and regulations may apply 

but are not limited to: the Privacy Act 

of 1974; the Federal Information 

Security Management Act of 2002; the 

Computer Fraud and Abuse Act of 1986; 

the Health Insurance Portability and 

Accountability Act of 1996; the EGovernment Act of 2002, the ClingerCohen Act of 1996; the Medicare 

Modernization Act of 2003, and the 

corresponding implementing 

regulations. OMB Circular A–130, 

Management of Federal Resources, 

Appendix III, Security of Federal 

Automated Information Resources also 

applies. Federal, HHS, and CMS 

policies and standards include but are 

not limited to: all pertinent National 

Institute of Standards and Technology 

publications; the HHS Information 

Systems Program Handbook and the 

CMS Information Security Handbook. 

RETENTION AND DISPOSAL: 

CMS will retain identifiable 

information maintained in the DERS 

system of records for a period of 5 years 

after the end of the research, 

demonstration, or evaluation project. 

Data residing with the designated claims 

payment contractor shall be returned to 


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Federal Register / Vol. 72, No. 68 / Tuesday, April 10, 2007 / Notices 17923 

CMS at the end of the project, with all 

data then being the responsibility of 

CMS for adequate storage and security. 

All claims-related records are 

encompassed by the document 

preservation order and will be retained 

until notification is received from DOJ. 

SYSTEM MANAGER AND ADDRESS: 

Deputy Director, Office of Research 

Development and Information, Mail 

Stop C3–18–07, CMS, 7500 Security 

Boulevard, Baltimore, MD 21244–1849. 

NOTIFICATION PROCEDURE: 

For purpose of access, the subject 

individual should write to the system 

manager who will require the system 

name, employee identification number, 

tax identification number, national 

provider number, and for verification 

purposes, the subject individual’s name 

(woman’s maiden name, if applicable), 

HICN, and/or SSN (furnishing the SSN 

is voluntary, but it may make searching 

for a record easier and prevent delay). 

RECORD ACCESS PROCEDURE: 

For purpose of access, use the same 

procedures outlined in Notification 

Procedures above. Requestors should 

also reasonably specify the record 

contents being sought. (These 

procedures are in accordance with 

Department regulation 45 CFR 

5b.5(a)(2)). 

CONTESTING RECORD PROCEDURES: 

The subject individual should contact 

the system manager named above, and 

reasonably identify the record and 

specify the information to be contested. 

State the corrective action sought and 

the reasons for the correction with 

supporting justification. (These 

procedures are in accordance with 

Department regulation 45 CFR 5b.7). 

RECORDS SOURCE CATEGORIES: 

Data will be collected from Medicare 

administrative and claims records, 

patient medical charts, and physician 

records. 

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS

OF THE ACT: 

None. 

APPENDIX A. Current ORDI run 

Demonstration, Evaluation and 

Research Activities 

The following is a listing of the current 

ORDI run demonstration, evaluation and 

research activities at CMS, with the 

appropriate contact person. A perpetual list 

of current demonstrations and evaluations 

will be made accessible through the CMS 

public Web site (http://www.cms.hhs.gov). 

The list will be amended for each new 

project that is implemented. 

1. ORDI Run Demonstration, Evaluation and 

Research Activities 

• Bundled Case-Mix Adjusted Payment 

System for End Stage Renal Disease Services 

Demonstration. Contact: Henry Bachofer, 

410–786–0340. 

• Cancer Prevention and Treatment 

Demonstration for Ethnic and Racial 

Minorities. Contact: Diane Merriman, 410–

786–7237. 

• Consumer Directed Chronic Outpatient 

Services. Contact: Pauline Lapin, 410–786–

6883. 

• Cost-effectiveness of Daily versus 

Conventional Hemodialysis for the Medicare 

Population. Contact: Penny Mohr, 410–786–

6502. 

• Data Collection and Administering the 

Medicare Health Improvement Survey. 

Contact: David Bott, 410–786–0249. 

• Design and Implementation of a 

Beneficiary Survey on Access to Selected 

Prescriptions and Biologicals. Contact: Penny 

Mohr, 410–786–6502. 

• Disease Management for Severely 

Chronically Ill Medicare Beneficiaries. 

Contact: J. Sherwood, 410–786–6651. 

• End Stage Renal Disease (ESRD) Disease 

Management Demonstration. Contact: Sid 

Mazumdar, 410–786–6673. 

• Evaluation of Care Management for High 

Cost Beneficiaries Demonstration. Contact: 

David Bott, 410–786–0249. 

• Evaluation of Second Phase of Oncology 

Demonstration Program. Contact: James 

Menas, 410–786–4507. 

• Evaluation of the Medicare Preferred 

Provider Organization Demonstration. 

Contact: Victor McVicker, 410–786–6681. 

• Evaluation of the State Medicaid Reform 

Demonstrations. Contact: Paul Boben, 410–

786–6629. 

• Expansion of Coverage of Chiropractic 

Services Demonstration. Contact: Carol 

Magee, 410–786–6611. 

• Frontier Extended Stay Clinic 

Demonstration Project. Contact: Sid 

Mazumdar, 410–786–6673. 

• Home Health Agency Prospective 

Payment Demonstration. Contact: J. 

Sherwood, 410–786–6651. 

• Impact of Payment Reform for Part B 

Covered Outpatient Drugs and Biologicals. 

Contact: Usree Bandyopadhyay, 410–786–

6650. 

• Informatics for Diabetes Education and 

Telemedicine Demonstration (IDEATel). 

Contact: Diana Ayres, 410–786–7203. 

• Inhalation Drug Therapy Demonstration. 

Contact: Debbie Vanhoven, 410–786–6625. 

• Life Masters. Contact: Linda Colantino, 

410–786–3343. 

• Low Vision Rehabilitation 

Demonstration. Contact: James Coan, 410–

786–9168. 

• Massachusetts Senior Care Options. 

Contact: William Clark, 410–786–1484. 

• Medical Adult Day Care Services 

Demonstration. Contact: Armen Thoumaian, 

Ph.D., 410–786–6672. 

• Medicare + Choice Phase II—PPO 

Demonstration. Contact: Debbie Vanhoven, 

410–786–6625. 

• Medicare Advantage CCRC (Erickson) 

Demonstration. Contact: Henry Bachofer, 

410–786–0340. 

• Medicare Cancer Registry Record 

System. Contact: Gerald Riley, 410–786–

6699. 

• Medicare Care Management Performance 

Demonstration. Contact: Jody Blatt, 410–786–

6921. 

• Medicare Clinical Laboratory Services 

Competitive Bidding Demonstration Project. 

Contact: Linda Lebovic, 410–786–3402. 

• Medicare Coordinated Care 

Demonstration. Contact: Cynthia Mason, 

410–786–6680. 

• Medicare Drug Replacement 

Demonstration. Contact: Jody Blatt, 410–786–

6921. 

• Medicare Health Care Quality 

Demonstration Programs. Contact: Cynthia 

Mason, 410–786–6680. 

• Medicare Home Health Independence 

Demonstration. Contact: Armen Thoumaian, 

Ph.D., 410–786–6672. 

• Medicare Hospital Gainsharing 

Demonstration. Contact: Lisa Waters, 410–

786–6615. 

• Medicare Preventive Services—Medicare 

Lifestyle Modification Program 

Demonstration. Contact: Armen Thoumaian, 

Ph.D., 410–786–6672. 

• Mercy Medicare Skilled Nursing Facility 

Payment Demonstration. Contact: J. 

Sherwood, 410–786–6651. 

• Minnesota Senior Health Options. 

Contact: Susan Radke, 410–786–4450. 

• Municipal Health Services Program 

Demonstration. Contact: Michael Henesch, 

410–786–6685. 

• New York Graduate Medical Education 

Demonstration. Contact: Sid Mazumdar, 410–

786–6673. 

• Nursing Home Value-Based Purchasing. 

Contact: Ronald Lambert, 410–786–6624. 

• PACE-for-Profit Demonstration. Contact: 

Michael Henesch, 410–786–6685. 

• Payment Development, Implementation 

and Monitoring for the BIPA Disease 

Management Demonstration. Contact: J. 

Sherwood, 410–786–6651. 

• Person-Level Medicaid Data System. 

Contact: Dave Baugh, 410–786–7716. 

• Physician Group Practice Demonstration. 

Contact: John Pilotte, 410–786–6658. 

• Premier Hospital Quality Incentive 

Demonstration. Contact: Katharine Pirotte, 

410–786–6774. 

• Rural Community Hospital 

Demonstration. Contact: Sid Mazumdar, 410–

786–6673. 

• Rural Hospice Demonstration: Quality 

Assurance Metrics Implementation Support. 

Contact: Cindy Massuda, 410–786–0652. 

• Senior Risk Reduction Demonstration. 

Contact: Pauline Lapin, 410–786–6883. 

• Social Health Maintenance Organization 

for Long-Term Care Demonstration. Contact: 

Thomas Theis, 410–786–6654. 

• State-Based Home Health Agency TPL 

Payments. Contact: J. Sherwood, 410–786–

6651. 

• United Mine Workers of America 

Demonstration. Contact: Jason Petroski, 410–

786–4681. 

• Utah Graduate Medical Education. 

Contact: Sid Mazumdar, 410–786–6673. 


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17924 Federal Register / Vol. 72, No. 68 / Tuesday, April 10, 2007 / Notices 

• Wisconsin Partnership Program. Contact: 

James Hawthorne, 410–786–6689. 

[FR Doc. E7–6693 Filed 4–9–07; 8:45 am] 

BILLING CODE 4120–03–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

National Institutes of Health 

National Center for Research 

Resources; Notice of Closed Meetings 

Pursuant to section 10(d) of the 

Federal Advisory Committee Act, as 

amended (5 U.S.C. Appendix 2), notice 

is hereby given of the following 

meetings. 

The meetings will be closed to the 

public in accordance with the 

provisions set forth in sections 

552b(c)(4) and 552b(c)(6), Title 5 U.S.C., 

as amended. The grant applications and 

the discussions could disclose 

confidential trade secrets or commercial 

property such as patentable material, 

and personal information concerning 

individuals associated with the grant 

applications, the disclosure of which 

would constitute a clearly unwarranted 

invasion of personal privacy. 

Name of Committee: National Center for 

Research Resources Special Emphasis Panel, 

Roadmap Interdisciplinary Center. 

Date: May 2–3, 2007. 

Time: 8 a.m. to 5 p.m. 

Agenda: To review and evaluate grant 

applications. 

Place: Doubletree Hotel & Executive 

Meeting Center, 8120 Wisconsin Avenue, 

Bethesda, MD 20814. 

Contact Person: Carol Lambert, PhD, 

Scientific Review Administrator, National 

Center for Research Resources, or, National 

Institutes of Health, 6701 Democracy Blvd., 

1 Democracy Plaza, Room 1076, MSC 4874, 

Bethesda, MD 20892–4874, 301–435–0814, 

lambert@mail.nih.gov. 

Name of Committee: National Center for 

Research Resources Special Emphasis Panel, 

2007 CTSA Meeting #1. 

Date: May 8–9, 2007. 

Time: 8 a.m. to 5 p.m. 

Agenda: To review and evaluate grant 

applications. 

Place: Doubletree Bethesda, 8120 

Wisconsin Ave, Bethesda, MD 20814. 

Contact Person: Mohan Viswanathan, PhD, 

Deputy Director, Office of Review, NCRR, 

National Institutes of Health, 6701 

Democracy Blvd., Room 1084, MSC 4874, 1 

Democracy Plaza, Bethesda, MD 20892–4874, 

301–435–0829, mv10f@nih.gov. 

Name of Committee: National Center for 

Research Resources Special Emphasis Panel, 

Residency II. 

Date: May 8, 2007. 

Time: 8 a.m. to 5 p.m. 

Agenda: To review and evaluate grant 

applications. 

Place: Double Tree Rockville (Remodeled 

to Hilton), 1750 Rockville Pike, Rockville, 

MD 20852. 

Contact Person: John R. Glowa, PhD, 

Scientific Review Administrator, National 

Center for Research Resources, or, National 

Institutes of Health, 6701 Democracy Blvd., 

1 Democracy Plaza, Room 1078—Msc 4874, 

Bethesda, MD 20892–4874, 301–435–0807, 

glowaj@mail.nih.gov. 

Name of Committee: National Center for 

Research Resources Special Emphasis Panel, 

2007 CTSA Meeting #2. 

Date: May 15–16, 2007. 

Time: 8 a.m. to 5 p.m. 

Agenda: To review and evaluate grant 

applications. 

Place: Doubletree Bethesda, 8120 

Wisconsin Ave, Bethesda, MD 20814. 

Contact Person: Mohan Viswanathan, PhD, 

Deputy Director, Office of Review, NCRR, 

National Instiutes of Health, 6701 Democracy 

Blvd., Room 1084, MSC 4874, 1 Democracy 

Plaza, Bethesda, MD 20892–4874, 301–435–

0829, mv10f@nih.gov. 

Name of Committee: National Center for 

Research Resources Special Emphasis Panel, 

2007 BT Review Mtg#1. 

Date: May 23, 2007. 

Time: 8 a.m. to 5 p.m. 

Agenda: To review and evaluate grant 

applications. 

Place: Doubletree Bethesda, 8120 

Wisconsin Ave., Bethesda, MD 20814. 

Contact Person: Steven Birken, PhD, 

Scientific Review Administrator, National 

Institutes of Health, National Center for 

Research Resources, Office of Review, 6701 

Democracy Blvd., 1 Democracy Plaza, Room 

1078, Bethesda, MD 20892, (301) 435–0815, 

birkens@mail.nih.gov. 

Name of Committee: National Center for 

Research Resources Special Emphasis Panel, 

2007 BT Review Mtg.#2. 

Date: June 12–13, 2007. 

Time: 8 a.m. to 5 p.m. 

Agenda: To review and evaluate grant 

applications. 

Place: Gaithersburg Marriott 

Washingtonian Center, 9751 Washingtonian 

Boulevard, Gaithersburg, MD 20878. 

Contact Person: Steven Birken, PhD, 

Scientific Review Administrator, National 

Institutes of Health, National Center for 

Research Resources, Office of Review, 6701 

Democracy Blvd., 1 Democracy Plaza, Room 

1078, Bethesda, MD 20892, (301) 435–0815, 

birkens@mail.nih.gov. 

(Catalogue of Federal Domestic Assistance 

Program Nos. 93.306, Comparative Medicine; 

93.333, Clinical Research; 93.371, Biomedical 

Technology; 93.389, Research Infrastructure, 

93.306, 93.333, National Institutes of Health, 

HHS) 

Dated: April 4, 2007. 

Anna Snouffer, 

Deputy Director, Office of Federal Advisory 

Committee Policy. 

[FR Doc. 07–1767 Filed 4–9–07; 8:45 am] 

BILLING CODE 4140–01–M 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

National Institutes of Health 

National Center for Research 

Resources; Notice of Meeting 

Pursuant to section 10(d) of the 

Federal Advisory Committee Act, as 

amended (5 U.S.C. Appendix 2), notice 

is hereby given of a meeting of the 

National Advisory Research Resources 

Council. 

The meeting will be open to the 

public as indicated below, with 

attendance limited to space available. 

Individuals who plan to attend and 

need special assistance, such as sign 

language interpretation or other 

reasonable accommodations, should 

notify the Contact Person listed below 

in advance of the meeting. 

The meetings will be closed to the 

Public in accordance with the 

provisions set forth in sections 

552b(c)(4) and 552b(c)(6), Title 5 U.S.C., 

as amended. The grant applications and 

the discussions could disclose 

confidential trade secrets or commercial 

property such as patentable material, 

and personal information concerning 

individuals associated with the grant 

applications, the disclosure of which 

would constitute a clearly unwarranted 

invasion of personal privacy. 

Name of Committee: National Advisory 

Research Resources Council. 

Date: May 22, 2007. 

Time: 8 a.m. to 12 p.m 

Agenda: NCRR’s Director’s Report and 

other business of the Council. 

Place: National Institutes of Health, 

Building 31, 31 Center Drive, Floor 6C, Room 

10, Bethesda, MD 20892. 

Closed: 1 p.m. to 4 p.m. 

Agenda: To review and evaluate grant 

applications. 

National Institutes of Health, Building 31, 

31 Center Drive, Floor 6C, Room 10, 

Bethesda, MD 20892. 

Contact Person: Louise E. Ramm, PhD, 

Deputy Director, National Center for 

Research Resources, National Institutes of 

Health, Building 31, Room 3B11, Bethesda, 

MD 20892, 301–496–6023, 

Louiser@ncrr.nih.gov. 

Any member of the public interested in 

presenting oral comments to the committee 

may notify the Contact Person listed on this 

notice at least 10 days in advance of the 

meeting. Interested individuals and 

representatives of organizations may submit 

a letter of intent, a brief description of the 

organization represented, and a short 

description of the oral presentation. Only one 

representative of an organization may be 

allowed to present oral comments and if 

accepted by the committee, presentations 

may be limited to five minutes. Both printed 

and electronic copies are requested for the 

record. In addition, any interested person 

may file written comments with the 


cprice-sewell on PROD1PC66 with NOTICES